good to hear from you, david.
a stagehand union member, jon, has been coming around teaching sound
training sessions for people at the omni & i've been talking to people for
months now trying to figure out the best arrangement for a production
collective @the omni. jon is/was very motivated & wants to help us get the
ballroom up to snuff w/sound & lights so i think now would be a really good
time to restart the push to broaden our capacity for events.
only hang up is it will take even more $ that we don't have
On Fri, Oct 30, 2015 at 10:59 PM, David Keenan <dkeenan44(a)gmail.com
<javascript:_e(%7B%7D,'cvml','dkeenan44@gmail.com');>> wrote:
Oops - last thing, I need to add a correction /
caveat to one example I
mentioned:
"For example, at a 'private' event in a commercial location, If alcohol
is present in any way, there can be no charge, donation, or exchange (for
tokens etc) - or, in the eyes of the state, it is automatically not a
'private' event anymore, it is technically a 'public' one -- even if
there
are only 2 people there and it was invite-only, gated at the door, etc."
...yes the above would not be a private party, IF there was no ABC
permit pulled or in place for that event.
Whereas, If there WAS a one-time (aka 'daily') alcohol license pulled
for that scenario, or omni had it's own permanent license that covered the
types of alcohol served at that event, then, yea that event could still be
considered private, provided of course it met other conditions including
the other examples above..
(There's a lot of caveats to these sorts of things.. Please take my
ramblings more as something written off-the-cuff whilst doing laundry, n
less as somethin comprehensive or even proofread :)
Dk
On Friday, October 30, 2015, David Keenan <dkeenan44(a)gmail.com
<javascript:_e(%7B%7D,'cvml','dkeenan44@gmail.com');>> wrote:
> Ps. I meant to add that, somewhere, I did have a one-page set of
> specific guidelines I came up with, which, if followed to the
> letter, would ensure most kinds of 'private events' are
> also 'legally' private - and therefore largely protected from cops, ABC,
> zoning citations etc.
>
> It's a short system of sorts for technically ensuring full compliance
> that I came up with out of necessity basically, but the bottomline is, we
> found that even this 'boiled-down' reduced instruction set still required
> just too much hoop-jumping, of ever-changing pool of volunteers / staff /
> renters to be realistically and reliably deployable in real life.
> (So, it's basically still moot..)
>
> d
>
> On Friday, October 30, 2015, David Keenan <dkeenan44(a)gmail.com> wrote:
>
>> Re: the technical, legal requirements for 'private events'.. seems
>> worth repeating here - I mention only b/c I see these q's are being asked
>> again, to several lists.
>>
>> Tbc I'm not saying the below is what omni has to do per se or in every
>> case necessarily, just saying what the law is at least as it
>> applies in Oakland, if that is helpful.
>>
>> Technically the term 'Private' here has to satisfy several
>> non-obvious statutory and municipal requirements spread out amongst at
>> least 3 different enforcing agencies that engage depending on the type
>> of complaint, advertising, or city/state application being followed up on.
>>
>> For example, at a 'private' event in a commercial location, If alcohol
>> is present in any way, there can be no charge, donation, or exchange (for
>> tokens etc) - or, in the eyes of the state, it is automatically not a
>> 'private' event anymore, it is technically a 'public' one -- even
if there
>> are only 2 people there and it was invite-only, gated at the door, etc.
>>
>> Or for ex., If the event is advertised in a way that could be
>> construed 'public', i.e. it is publicly flyered, or it is not
>> strictly invitation-only with the door gated and a real guest list, then
>> the event is technically 'public', not private.
>>
>> An alternate to invite lists is, Private events can stay
>> legally private if they are only attended by verifiable (at the
>> door) members of an organization and their 'bona fide' guests. (And of
>> course, you cannot just let anyone in iff the street)
>>
>> Whether public or private, absent being issued conditional use permit
>> (CUP) to operate what is for us effectively a venue, any social function in
>> a commercial space with 60+ ppl technically requires a one-off special
>> event permit from the city by which I mean OPD, and by convention they only
>> allow a small number per year per applicant depending on several factors..
>> (Small #, b/c if you hold a lot of events, then you are supposed to get a
>> CUP instead). These special permits should be applied for 3 weeks in
>> advance (if you are on good terms you can get them sooner), and dep. on the
>> type & projected attendance of event + premises occupant load, it is very
>> likely OPD can force you to hire a security firm bonded to do business in
>> Oakland at a guard-to-attendee ratio of at least 1:50, with
>> $7.50/hr/guard being a baseline last year, probably more now like
>> $12/hr/guard.
>>
>> Also as of this year, for SEPs you need to prove the premises
>> are officially cleared by Fire for assembly occupancy. I pre-paid for that
>> last year while we were fixing things, and someone a little while ago told
>> me that Spencer or another inspector (from BFP) came by in the last couple
>> months and cleared the ballroom for us.. which is great and by the way,
>> almost certainly a favor to us because they usually clear entire buildings
>> if tenant spaces inside them are not properly separated by some fire-rated
>> wall assembly which our building is def. not, and of course the rest of the
>> building still needs compliance outlined in the first inspection.. etc. But
>> anyway if true that is very good.
>>
>> Probably ppl reading this are like, 'what? I go to events/parties at
>> xyz place, and they don't have to comply with this or that..' Indeed, my
>> fellow skeptics, as you have guessed the reality on the ground (as the omni
>> itself has in a way demonstrated over the last year by operating
>> 'illegally') is that, many many places violate at least one, usually
more
>> of the above type of laws.
>>
>> For omni tbh any outstanding noncompliance has been mitigated in part
>> by (at least during the first year) open dialogue with the city powers that
>> be in terms of talking with planning dept, e.d., prepping for
>> city applications, talking with neighbors & local businesses etc etc, which
>> is a reason why they let us slide, ie are giving us (a lot of) time to be
>> able to eventually do things the 'right' way.
>>
>> Again all I ain't saying this is what omni 'should' or shouldn't
do, I
>> am only saying what the letter of the law actually is with respect to
>> events, parties etc and how I've noticed it's typically enforced.
>>
>> The truth is, the city lets unauthorized events go 90% of the time --
>> UNTIL there is a complaint, or, eventually, the owner/city/neighbors wants
>> to evict. So Basically, IMO, these particular laws are used as a sort
>> of cudgel when needed, and allows for easy selective enforcement
>> (8pm bougie gallery opening? Hey, no problem, Drink away. Crusty
>> 2am warehouse party? Nah you're busted, because you see, you broke xyz rule
>> re: alcohol or you needed an SEP which now OPD will deny you b/ c there was
>> a complain, etc.)
>>
>> So if omni doesn't follow these event-hosting 'rules', well fact is
we
>> are completely vulnerable to any official complaint. Im sorta
>> (actually, not really) sure that we'd probably all prefer not to be sitting
>> ducks in this way.. right? Well - anyhow, I at least think that could be a
>> relief, to not have to worry about that. Because if a govt rule enforcer
>> does come to investigate, and they aren't feeling charitable, well there
>> are still so many freakin Use and safety violations that they won't have
>> any problem citing us.
>>
>> The real bite of any such complaint and citation during this current
>> time will still cruelly and profoundly impact any application we might
>> later submit for a real permit, to operate a venue, which if we got one, we
>> would be comparatively untouchable.
>>
>> All told, pragmatically speaking, complying with all the above
>> constraints re trying to make as many events as possible
>> legally 'private' is more than just a pain in the ass - IMO they are
>> simply not practical or realistic for omni full stop, and this has been
>> demonstrated I feel over omni's tenure of event-hosting this far. I mean I
>> think our 'private events' have only legitimately complied a couple of
>> times.
>>
>> If anyone is still reading this long-ass email, IMO, Omni needs to
>> step beyond what was intended to be a temporary state and finally get our
>> MCUP and a cabaret license to boot. Then, we don't have to worry so much
>> about 'private' vs public, alcohol vs no, charging / not charging, or
>> complaints - which can potentially at least presently shut any event down.
>>
>> So IMO, Mari, Robb, Yar & anyone else who may want to work on event
>> production and/or booking, and wants to operate with the confidence of a
>> legal, above-ground venue (not saying this is a must, but if you are down
>> for this), I would approach the use permits again.
>>
>> Another thing is acquiring restaurant/tavern insurance (covers
>> alcohol) and a Type 41 or 42 liquor license from ABC. Then we don't need to
>> ask event-throwers to get their own event insurance every time as we are
>> presently supposed to, which, tbh, is often an energy-draining rabbit hole
>> of wasted time and expense for all concerned. Instead, we'd just
>> compute our cost to the event renter's bill in a way that is fair and
>> really help simplify the booking process.
>>
>> Our particular application for a CUP is rather complicated to say the
>> least, and beyond anything I'll mention here, but it is essential in my
>> view towards having a financially-sustaining omni.
>>
>> My time is pretty impacted these days unfo, but if anyone wants to
>> talk more just lmk.
>>
>> Hugs,
>> David
>>
>> On Friday, October 30, 2015, Laura Turiano <scylla(a)riseup.net> wrote:
>>
>>> Thanks you, Patrik!
>>> The commons working group meets Sundays at 7pm. Please come if you
>>> would like to help book and produce events. The event production collective
>>> idea is something that we have discussed but haven't reached agreement
>>> about in the past. That doesn't mean that we can't discuss it again
or do
>>> something like it to improve our event capacity, quality, and income.
>>>
>>> Laura
>>>
>>> On 10/30/15 11:03 AM, Patrik D'haeseleer wrote:
>>>
>>> On Thu, Oct 29, 2015 at 9:10 PM, Berry Maker <berrythemaker(a)gmail.com>
>>> wrote:
>>> >
>>> > Who would best be to advise on the current limitations of
>>> coordinating events at the
>>> > Omni? Byob for example? Caberet laws, etc.
>>> >
>>> > I'm fairly certain an Omni events collective already exists and it
>>> would be respectful
>>> > to ask about creating one first.
>>>
>>> There is an events *working group*, who are doing an amazing job
>>> coordinating all the scheduling, but are also constantly understaffed,
>>> overworked, and underappreciated. I've CC'd them on this email.
>>>
>>> I've suggested before that it might help if there were some financial
>>> incentive for people who are willing to help bottomline events. I think it
>>> could make sense to set up a collective that has some profit-sharing
>>> agreement with the Omni, and a strong (contractual) commitment to also host
>>> free events.
>>>
>>> Patrik
>>>
>>> > On Thu, Oct 29, 2015 at 8:38 PM, Autonomous <
>>> autonomous666(a)gmail.com> wrote:
>>> >>
>>> >> I don't know the specific codes in Oakland but <100 people
>>> generally means it's a "private party" with no special
permission needed.
>>> You could get away with much more if there aren't many people milling
about
>>> outside.
>>> >>
>>> >> 4 events per month x 99 attendees x $20 cover charge = $7920/mo
>>> gross income.
>>> >>
>>> >> On Thu, Oct 29, 2015 at 8:18 PM, Berry Maker <
>>> berrythemaker(a)gmail.com> wrote:
>>> >>>
>>> >>> Agreed! Several edm event coordinator friends have asked me
about
>>> this. I've heard holding this type of event at Omni is be tricky atm
>>> though. Oakland needs more edm events.
>>> >>>
>>> >>> On Oct 29, 2015 8:07 PM, "Autonomous"
<autonomous666(a)gmail.com>
>>> wrote:
>>> >>>>
>>> >>>> Hosting EDM events in the ballroom could more than make up
for
>>> the cash flow shortage:
>>> >>>>
>>> >>>>
http://www.sfbayedm.com/
>>> >>>>
>>> >>>>
>>> >>>> On Thu, Oct 29, 2015 at 6:00 PM, robb
<sf99er(a)gmail.com> wrote:
>>> >>>>>
>>> >>>>> ugg, $2k additional expenses :(
>>> >>>>>
>>> >>>>> i really feel renting the common spaces is our only
sustainable
>>> & viable option at this point...along with hosting our own fundraiser
>>> events.
>>> >>>>>
>>> >>>>> maybe if we had a prodution collective responsible for
>>> optimizing teh commons for events, we could get more for them ;)
>>>
>>>
>>> _______________________________________________
>>> discuss mailing
listdiscuss@lists.omnicommons.orghttps://omnicommons.org/lists/listinfo/discuss
>>>
>>>
>>>